Jacobs v Imperial Group (Pty) Ltd (693/08) [2009] ZASCA 167; [2010] 2 All SA 540 (SCA) (1 December 2009)

Jacobs v Imperial Group (Pty) Ltd (693/08) [2009] ZASCA 167; [2010] 2 All SA 540 (SCA) (1 December 2009)

The Supreme Court of Appeal held that the owner's risk notice was incorporated into the contract between the parties, as it was prominently displayed at several locations on the respondent's premises. The respondent was entitled to assume that any customer, including the appellant's agent, would have seen the notice. The court found that Jacobs had actual authority to bind the appellant to the contract and the owner's risk notice. The respondent had done all that was reasonably sufficient to bring the disclaimer to the attention of its customers. The fact that Jacobs did not see the notice did not absolve the appellant from being bound by its terms. The appeal was dismissed, and the...

Citation
[2009] ZASCA 167
Parties
Appellant: Juan Jacques Jacobs; Respondent: Imperial Group (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 December 2009
Case Number
693/08
Procedural Posture
Civil Appeal / Appeal From South Gauteng High Court, Johannesburg
Outcome
Appeal dismissed with costs.
Judges
Mthiyane, Lewis, Heher, Mlambo, Mhlantla
Legal Topics
Contractual Disclaimer, Agency Authority, Owner Risk Notice, Incorporation of Terms
Commercial and Corporate Civil Procedure Contractual Disclaimer Agency Authority Owner Risk Notice Incorporation of Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Juan Jacques Jacobs

Appellant

Imperial Group (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From South Gauteng High Court, Johannesburg

Legal Issues

  1. 1 Whether the owner's risk notice was incorporated into the contract between the parties.
  2. 2 Whether the appellant's agent had authority to bind the appellant to the owner's risk notice.
  3. 3 Whether the respondent did what was reasonably sufficient to bring the owner's risk notice to the attention of the appellant.

Ratio Decidendi

The Supreme Court of Appeal held that the owner's risk notice was incorporated into the contract between the parties, as it was prominently displayed at several locations on the respondent's premises. The respondent was entitled to assume that any customer, including the appellant's agent, would have seen the notice. The court found that Jacobs had actual authority to bind the appellant to the contract and the owner's risk notice. The respondent had done all that was reasonably sufficient to bring the disclaimer to the attention of its customers. The fact that Jacobs did not see the notice did not absolve the appellant from being bound by its terms. The appeal was dismissed, and the...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.